No Representations. The Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious Metal, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they now make any representations or warranties, express or implied, nor do they assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 3 contracts
Samples: Revolving Credit and Gold Consignment Agreement (Whitehall Jewellers Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesSubsidiaries or the Guarantor, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guaranty or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or the Guarantor. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrowers or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower Borrowers or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Administrative Agents or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 3 contracts
Samples: Loan Agreement (Dynamics Research Corp), Loan Agreement (Dynamics Research Corp), Loan Agreement (Dynamics Research Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Guarantor or the Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein in this Agreement, the other Loan Documents or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesObligations. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantor or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or the Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Grove Real Estate Asset Trust), Revolving Credit Agreement (Grove Property Trust), Revolving Credit Agreement (Grove Property Trust)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower Borrower, the Company or any of its Subsidiariesthe other Guarantors. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender has either (x) been independently represented by separate counsel on all matters regarding this Agreement or (y) knowingly waived any such representation.
Appears in 3 contracts
Samples: Revolving Secured Credit and Guaranty Agreement (Sl Green Realty Corp), Revolving Secured Credit and Guaranty Agreement (Sl Green Realty Corp), Revolving Credit and Guaranty Agreement (Sl Green Realty Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesSubsidiaries or the Guarantor, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or the Guarantor. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Wellsford Real Properties Inc), Revolving Credit Agreement (Wellsford Real Properties Inc), Revolving Credit Agreement (Storage Trust Realty)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its Subsidiaries, or the value of the Borrowing Base Property or any other assets of the Borrower. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agent or any other Lender, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 3 contracts
Samples: Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrowers or the Guarantors or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or the Guarantors or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrowers, their respective partners, the Guarantors or any of its their respective Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walden Residential Properties Inc), Term Loan Agreement (Walden Residential Properties Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalObligations, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalObligations, or for any recitals or statements, warranties or representations made herein or any agreement, instrument or certificate delivered in connection therewith or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrower, the Guarantor or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrower, the Guarantor, any of their respective Subsidiaries or any holder of any of the Notes or of any right in respect of Consigned Precious Metal Obligations shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries or the value of the Collateral or any of the other assets of the Borrower, the Guarantors or their respective Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents. Agent’s Special Counsel has only represented Agent and KeyBank in connection with the Loan Documents and the only attorney-client relationship or duty of care is between Agent’s Special Counsel and Agent or KeyBank. Each Bank has been independently represented by separate counsel on all matters regarding the Loan Documents.
Appears in 2 contracts
Samples: Secured Master Loan Agreement (Ramco Gershenson Properties Trust), Secured Master Loan Agreement (Ramco Gershenson Properties Trust)
No Representations. The Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrowers or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they now make any representations or warranties, express or implied, nor do they assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower Borrowers or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Dynamics Research Corp), Loan and Security Agreement (Dynamics Research Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Revolving Credit Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Revolving Credit Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Flextronics International LTD), Revolving Credit Agreement (Moore Medical Corp)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of any Guarantor or the Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or any Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Term Loan Agreement (Mack Cali Realty L P), Term Loan Agreement (Mack Cali Realty Corp)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or execution, validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or TMC or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or TMC or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, TMC or any of its their respective Subsidiaries, or the value of any assets of such Persons. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Lender, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Mills Corp), Revolving Credit Agreement (Mills Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time anytime constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Parent, the Borrowers or any of its Subsidiariesthe Guarantors, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes Obligations or the obligations in respect of Consigned Precious Metal Notes or to inspect any of the properties, books or records of the Borrower Parent or any of its Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Parent, any of the Borrowers, any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit credit-worthiness or financial conditions condition of the Borrower Parent, any of the Borrowers or any of its the Parent's other Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Trico Marine Services Inc), Revolving Credit Agreement (Trico Marine Services Inc)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the any Guarantor or any Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Credit Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the any Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the any Borrower or any of its SubsidiariesSubsidiaries or any Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of Borrower, the Borrower Company or any of its Subsidiariesthe other Guarantors. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender has either (x) been independently represented by separate counsel on all matters regarding this Agreement or (y) knowingly waived any such representation.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Sl Green Realty Corp), Credit and Guaranty Agreement (Sl Green Realty Corp)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the any Guarantor or any Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Credit Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the any Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the any Borrower or any of its SubsidiariesSubsidiaries or any Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Sovran Acquisition LTD Partnership), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc)
No Representations. The Agents Agent shall not be responsible for the execution or o validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or the Guarantors or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantors or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries, or the value of any assets of such Persons. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 2 contracts
Samples: Term Loan Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Price Legacy Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or the Guarantors or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantors or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, its partners, the Guarantors or any of its their respective Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower Borrower, the Company or any of its Subsidiariesthe other Guarantors. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender has been independently represented by separate counsel on all matters regarding this Agreement.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Sl Green Realty Corp), Revolving Secured Credit and Guaranty Agreement (Sl Green Realty Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability by or against Borrower of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesBorrower. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Agent's counsel has only represented Agent and FNB in connection with the Loan Documents and the only attorney-client relationship or duty of care is between Agent's counsel and Agent or FNB. Each Lender has been independently represented by separate counsel on all matters regarding the Loan Documents and the granting and perfecting of liens in the Collateral.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrower, the Guarantor, the Property Owner, the Manager or any of its Subsidiariesthe Member, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, the Property Owner, the Manager, the Member or any of its Subsidiariesthe Guarantor. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 1 contract
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Loan Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesBorrower. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions of the Borrower or any of its SubsidiariesBorrower. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (Omnipoint Corp \De\)
No Representations. The Agents shall not be responsible (a) for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time anytime constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or (b) for the value of any such collateral security or security, (c) for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or (d) for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or Borrower, any of its SubsidiariesSubsidiaries or HoldCo, or be bound (e) to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or Notes, (f) to inspect any of the properties, books or records of the Borrower or Borrower, any of its Subsidiaries. The Agents shall not be bound Subsidiaries or HoldCo, or (g) to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrower, any of its Subsidiaries, HoldCo, or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or Borrower, any of its SubsidiariesSubsidiaries or (upon the incorporation thereof) HoldCo. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of CML, any of the Borrower Borrowers or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of CML, any of the Borrower Borrowers or any of its their Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by any of the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions of CML, any of the Borrower Borrowers or any of its their Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesherein. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesBorrower. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Agent's Special Counsel has only represented Agent and FNBB in connection with the Loan Documents and the only attorney-client relationship or duty of care is between Agent's Special Counsel and Agent. Each Bank, at such Bank's sole cost and expense (except as otherwise provided in [SECTION] 15 hereof), has been independently represented by separate counsel on all matters regarding the Loan Documents.
Appears in 1 contract
Samples: Revolving Credit Agreement (Bradley Real Estate Inc)
No Representations. The (a) None of the Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters any Letter of Credit, any of the other Loan Documents Credit Application or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any Notes. None of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they now make any representations or warranties, express or implied, nor do they assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either any of the Agents or any the other BankLenders, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
(b) For purposes of determining compliance with the conditions set forth in §9, each Lender that has executed this Agreement shall be deemed to have consented to, approved or accepted, or to be satisfied with, each document and matter either sent, or made available, by any of the Agents or Arrangers, to such Lender for consent, approval, acceptance or satisfaction, or required thereunder to be consented to or approved by or acceptable or satisfactory to such Lender, unless an officer of the Administrative Agent active upon the Borrower’s account shall have received notice from such Lender not less than two (2) Business Days prior to the Closing Date specifying such Lender’s objection thereto and such objection shall not have been withdrawn by notice to the Administrative Agent to such effect on or prior to the Closing Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (United States Cellular Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Guarantor, the Borrower or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Guarantor, the Borrower or any of its their Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Guarantor, the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, Banks with respect to the credit worthiness or financial conditions of the Guarantor, the Borrower or any of its their Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Filenes Basement Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or the Guarantors or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantors or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries, or the value of any assets of such Persons. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own
Appears in 1 contract
Samples: Revolving Credit Agreement (New Plan Excel Realty Trust Inc)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters any Letter of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrowers or any of its their Subsidiaries, or or, except as expressly provided for herein, be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower Borrowers or any of its their Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower Borrowers or any of its their Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Starter Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters Letter of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Guarantors, the Borrower or any of its other Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Guarantors, the Borrower or any of its other Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Guarantors, the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (CMG Information Services Inc)
No Representations. The Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents Credit or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it them by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they now make any representations or warranties, express or implied, nor do they assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents or any the other BankBanks, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time anytime constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or Parent, any of its Subsidiariesthe Borrowers or the Guarantors, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes Obligations or the obligations in respect of Consigned Precious Metal Notes or to inspect any of the properties, books or records of the Borrower Parent, any of its Subsidiaries, the Target or any of its Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Parent, any of the Borrowers, any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit credit- worthiness or financial conditions condition of the Borrower Parent, any of the Borrowers or any of its the Parent's other Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Trico Marine Services Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of any Guarantor or the Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any Guarantor or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or any Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any -63- instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrower, the Guarantors or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, the Guarantors, or any of its their respective Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agent or any other Lender, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the ------------------ execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of Holdings, the Borrower or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Revolving Credit Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of Holdings, the Borrower or any of its their Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of Holdings, the Borrower or any of its their Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Acquisition Revolving Credit Agreement (Ameriking Inc)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Tranche A Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalTranche A Notes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalTranche A Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Tranche A Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Tranche A Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Neither the Administrative Agent nor the ------------------ Documentation Agent shall not be responsible for the execution (other than on its own behalf) or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability enforceability, or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties warranties, or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants covenants, or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books books, or records of the Borrower or any of its Subsidiaries. The Agents Neither the Administrative Agent nor the Documentation Agent shall not be bound to ascertain whether any notice, consent, waiver waiver, or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate accurate, and complete. The Agents have not Neither the Administrative Agent nor the Documentation Agent has made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent, the Documentation Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Long Term Credit Agreement (Pimco Advisors Holdings Lp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its Subsidiaries, or the value of the Borrowing Base Asset or any other assets of the Borrower. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agent or any other Lender, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Master Credit Agreement (Entertainment Properties Trust)
No Representations. The Agents Agent shall not be responsible for the ------------------ execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Guarantors, the Borrowers or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower Guarantors, the Borrowers or any of its their Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Guarantors, the Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower Borrowers or any of its their Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (CMG Information Services Inc)
No Representations. The (a) None of the Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters any Letter of Credit, any of the other Loan Documents Credit Application or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any Notes. None of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they now make any representations or warranties, express or implied, nor do they assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either any of the Agents or any the other BankLenders, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
(b) For purposes of determining compliance with the conditions set forth in §9, each Lender that has executed this Agreement shall be deemed to have consented to, approved or accepted, or to be satisfied with, each document and matter either sent, or made available, by any of the Agents or Arrangers, to such Lender for consent, approval, acceptance or satisfaction, or required thereunder to be consented to or approved by or acceptable or satisfactory to such Lender, unless an officer of the Administrative Agent active upon the Borrower’s account shall have received notice from such Lender not less
Appears in 1 contract
Samples: Revolving Credit Agreement (United States Cellular Corp)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of 100 -93- any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Revolving Credit Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Republic Technologies International Holdings LLC)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time anytime constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Parent, the Borrowers or any of its Subsidiariesthe Guarantors, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes Obligations or the obligations in respect of Consigned Precious Metal Notes or to inspect any of the properties, books or records of the Borrower Parent or any of its Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Parent, any of the Borrowers, any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksBanks or the Issuing Bank, with respect to the credit credit-worthiness or financial conditions condition of the Borrower Parent, any of the Borrowers or any of its the Parent's other Subsidiaries. Each Bank and the Issuing Bank acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Trico Marine Services Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of Holdings, the Borrower or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Revolving Credit Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of Holdings, the Borrower or any of its their Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of Holdings, the Borrower or any of its their Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or Borrower, any of its SubsidiariesSubsidiaries or the Guarantor, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or Borrower, any of its Subsidiaries, or the Guarantor. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Wellsford Real Properties Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its Subsidiaries or the value of the Collateral or any of the assets of the Borrower or its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents. - 62 -
Appears in 1 contract
Samples: Revolving Credit Agreement (Foundation Capital Resources Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or the Guarantors or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any other of the properties, books or records of the Borrower or any of its SubsidiariesLoan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantors or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrower, the Guarantors or any of its their respective Subsidiaries, or the value of any assets of such Persons. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Revolving Credit Agreement (Excel Realty Trust Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of CreditBond, any of the other Loan Credit Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes Notes, the Bond or the obligations in respect of Consigned Precious MetalGuaranties, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes Notes, the Bond or the obligations in respect of Consigned Precious MetalGuaranties, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Credit Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesObligors, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes Notes, the Bond or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesGuaranties. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Obligors or any holder of any of the Notes Notes, the Bond or of any right in respect of Consigned Precious Metal the Guaranties shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, Banks with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesObligors. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Bacou Usa Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein herein, or any agreement, instrument or certificate delivered in connection therewith or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the any Borrower or any of its SubsidiariesGuarantor, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower any Borrower, any Guarantor or any other Person or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower Borrowers or any of its Subsidiariesthe Guarantors. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, based upon such information and documents as it deems appropriate at the time, continue to make its own credit analysis and decisions in taking or not taking action under this Agreement and the other Loan Documents.
Appears in 1 contract
No Representations. The Agents Collateral Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of CreditNote, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNote, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNote, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNote. The Agents Collateral Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal Note shall have been duly authorized or is true, accurate and complete. The Agents have Collateral Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLender, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its Subsidiaries. Each Bank The Lender acknowledges that it has, independently and without reliance upon either of the Agents or any other BankCollateral Agent, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Line of Credit Agreement (Toymax International Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of BPI or the Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or BPI or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or BPI or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the ------------------ execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrowers, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesBorrowers. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions of the Borrower or any of its SubsidiariesBorrowers. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (United States Filter Corp)
No Representations. The Agents Agent shall not be responsible for ------------------ the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, Notes or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness creditworthiness or financial conditions condition of the Borrower or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Humphrey Hospitality Trust Inc)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Bankers' Acceptances, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalBankers' Acceptances, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or and the obligations in respect of Consigned Precious MetalBankers' Acceptances, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrowers or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or Notes, the obligations in respect of Consigned Precious Metal Bankers' Acceptances or to inspect any of the properties, books or records of the Borrower Borrowers or any of its their Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes Notes, or any of any right in respect of Consigned Precious Metal the Bankers' Acceptances shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions of the Borrower Borrowers or any of its Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)
No Representations. The Agents Administrative Agent shall not be responsible to the Banks or any other Person for the due execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the sufficiency or value of any such collateral security or for the validity, enforceability enforceability, or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties warranties, or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants covenants, or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books books, or records of the Borrower or any of its Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver waiver, or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate accurate, and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Credit Agreement or any other Loan Document, any related agreement or any document furnished hereunder or thereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Alliance Capital Management Lp Ii)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of HBOC, the Borrower or any of its their Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Revolving Credit Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of HBOC, the Borrower or any of its their Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of HBOC, the Borrower or any of its their Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. (a) The Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, Agreement or the Notes, the Letters of Credit, any of the other Loan Documents Notes or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrower, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its SubsidiariesNotes. The Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it any of them by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not made nor do they now make any representations or warranties, express or implied, nor do they assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent, the Documentation Agent, the Managing Agents, or any the other BankBanks, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
(b) For purposes of determining compliance with the conditions set forth in Section 8, each Bank that has executed this Credit Agreement shall be deemed to have consented to, approved or accepted, or to be satisfied with, each document and matter either sent, or made available, by the Administrative Agent or by BancBoston Securities, Inc., or TD Securities (USA), Inc., as arrangers, to such Bank for consent, approval, acceptance or satisfaction, or required thereunder to be consented to or approved by or acceptable or satisfactory to such Bank, unless an officer of the Administrative Agent active upon the Borrower's account shall have received notice from such Bank not less than two (2) Business Days prior to the Closing Date specifying such Bank's objection thereto and such objection shall not have been withdrawn by notice to the Administrative Agent to such effect on or prior to the Closing Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (United States Cellular Corp)
No Representations. The Agents Administrative Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Creditany Credit Instrument, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrowers or any of its their Subsidiaries, or or, except as expressly provided for herein, be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower Borrowers or any of its their Subsidiaries. The Agents Administrative Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Administrative Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the Borrower Borrowers or any of its their Subsidiaries. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Administrative Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Starter Corp)
No Representations. The None of the Bank Agents or the Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The None of the Bank Agents nor the Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The None of the Bank Agents have not nor the Agent has made nor do they does any of them now make any representations or warranties, express or implied, nor do they does any of them assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either any of the Agents Bank Agents, the Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit AgreementAgreement and to accept Borrower's Note and, in the case of the Issuing Bank, issue, renew and extend Letters of Credit, and that it will continue to do so in connection with making each Loan and issuance, renewal and extension of each Letter of Credit, as applicable.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for the ------------------ execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of any Guarantor or the Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any Guarantor or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or any Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has (100) deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The Agents Agent shall not be responsible for ------------------ the execution or validity or enforceability of this Credit Agreement, the Revolving Credit Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalRevolving Credit Notes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Guarantor or the Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or the Guarantor or any holder of any of the Revolving Credit Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions condition of the Borrower or any of its SubsidiariesSubsidiaries or the Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
No Representations. The None of the Agents shall not be responsible for -- --------------- the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its SubsidiariesBorrowers, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any Borrowers. None of its Subsidiaries. The the Agents shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower Borrowers or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The None of the Agents have not made has made, nor do they does it now make make, any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions of the Borrower or any of its SubsidiariesBorrowers. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents any Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (United States Filter Corp)
No Representations. The Agents Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, or any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability or collectability collectibility of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the any Guarantor or any Borrower or any of its their respective Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes this Agreement or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiariesother Loan Documents. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the any Borrower or any Guarantor or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have Agent has not made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the BanksLenders, with respect to the credit worthiness or financial conditions condition of the any Borrower or any of its SubsidiariesSubsidiaries or any Guarantor or any of the Subsidiaries or any tenant under a Lease or any other entity. Each Bank Lender acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other BankLender, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cali Realty Corp /New/)
No Representations. The Neither of the Bank Agents shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious MetalNotes, or for the value of any such collateral security or for the validity, enforceability or collectability of any such amounts owing with respect to the Notes or the obligations in respect of Consigned Precious MetalNotes, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower Borrower, the Guarantors or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower Borrower, the Guarantors or any of its Subsidiaries. The Agents Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not Neither Bank Agent has made nor do they does it now make any representations or warranties, express or implied, nor do they does it assume any liability to the Banks, with respect to the credit worthiness or financial conditions of the Borrower Borrower, the Guarantors or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Bank Agent or any other Bank, and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dynatech Corp)
No Representations. The Agents Neither Agent shall not be responsible for the execution or validity or enforceability of this Credit Agreement, the Notes, the Letters of Credit, any of the other Loan Documents or any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal, or for the value of any such collateral security or for the validity, enforceability enforceability, sufficiency, value or collectability collectibility of any such amounts owing with respect to the Notes Loan Documents or any of the obligations in respect of Consigned Precious MetalCollateral, or for any recitals or statements, warranties or representations made herein or in any of the other Loan Documents or in any certificate or instrument hereafter furnished to it by or on behalf of the Borrower or any of its Subsidiaries, or be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or in any instrument at any time constituting, or intended to constitute, collateral security for the Notes or the obligations in respect of Consigned Precious Metal or to inspect any of the properties, books or records of the Borrower or any of its Subsidiaries. The Agents Neither Agent shall not be bound to ascertain whether any notice, consent, waiver or request delivered to it by the Borrower or any holder of any of the Notes or of any right in respect of Consigned Precious Metal shall have been duly authorized or is true, accurate and complete. The Agents have not Neither Agent has made nor do they does any of them now make any representations or warranties, express or implied, nor do they does any of them assume any liability to the Banks, with respect to the credit worthiness creditworthiness or financial conditions of the Borrower or any of its Subsidiaries. Each Bank acknowledges that it has, independently and without reliance upon either of the Agents Agent or any other Bank, Bank and based upon such information and documents as it has deemed appropriate, made its own credit analysis and decision (i) to enter into this Credit AgreementAgreement and to accept Borrower's Note, (ii) in the case of the Issuing Bank, to issue, renew and extend Letters of Credit, and (iii) with respect to the nature and value of the Collateral, and that it will continue to do so in connection with making each Loan and issuance, renewal and extension of each Letter of Credit, as applicable. 14.
Appears in 1 contract
